Malibu City Council
March 12, 2025

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Meeting Agenda
CC250312_AGENDA.PDF
Item 1A
Local Coastal Program Amendment No. 25-001 and Zoning Text Amendment No. 25-001 – An amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards and Procedures to Facilitate the Rebuilding of Structures Damaged or Destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire
CC250312_ITEM 1A.PDF

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2. Documents:

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Malibu City Council
Adjourned Regular Meeting Agenda
Wednesday, March 12, 2025
11:00 A.M. – CITY COUNCIL ADJOURNED REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/89120487842
Eleven a.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – March 7, 2025
Approval of Agenda

City Council Adjourned Regular Meeting Agenda Page - 2 - March 12, 2025

1. Ordinances and Public Hearings
For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time.

A. Local Coastal Program Amendment No. 25-001 and Zoning Text Amendment No. 25-001 – An amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards and Procedures to Facilitate the Rebuilding of Structures Damaged or Destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire Recommended Action: 1) Conduct the Public Hearing; 2) Waive full reading of the ordinance; and 3) After the City Attorney reads the title of the ordinance, adopt on second reading Ordinance No. 524 approving Local Coastal Program Amendment No. 25-001, an amendment to the Local Coastal Program and Zoning Text Amendment No. 25-001, an amendment to Title 17 (Zoning) of the Malibu Municipal Code updating regulations to facilitate the rebuilding of structures damaged or destroyed by natural disasters, including but not limited to, the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire to provide relief for those affected, and finding the amendments are exempt from the California Environmental Quality Act.

Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346 Adjournment
Future Meetings
Wednesday, March 19, 2025 TBD Regular City Council Meeting City Hall Council Chambers Monday, March 24, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 14, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings and Decorum
Public Communications: Each speaker is limited to three (3) minutes. Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In-person participants may surrender their time by deferring one (1) minute to another in-person speaker, not to exceed a total of eight (8) minutes.

The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.

Role of the Presiding Officer: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.

Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, City Council Adjourned Regular Meeting Agenda Page - 3 - March 12, 2025 or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.

No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 7th day of March 2025 at 7:15 p.m.

Kelsey Pettijohn, City Clerk

Agenda Item # 1.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Tyler Eaton, Principal Planner
Reviewed by: Maureen Tamuri, AIA, AICP, Interim Planning Director Approved by: Joseph D. Toney, Acting City Manager
Date prepared: March 7, 2025 Meeting date: March 12, 2025 Subject: Local Coastal Program Amendment No. 25-001 and Zoning Text Amendment No. 25-001 – An amendment to the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) Modifying Standards and Procedures to Facilitate the Rebuilding of Structures Damaged or Destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire
RECOMMENDED ACTION: 1) Conduct the Public Hearing; 2) Waive full reading of the ordinance; and 3) After the City Attorney reads the title of the ordinance, adopt on second reading Ordinance No. 524 (Attachment 1) approving Local Coastal Program Amendment No. 25-001, an amendment to the Local Coastal Program and Zoning Text Amendment No. 25-001, an amendment to Title 17 (Zoning) of the Malibu Municipal Code updating regulations to facilitate the rebuilding of structures damaged or destroyed by natural disasters, including but not limited to, the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire to provide relief for those affected, and finding the amendments are exempt from the California Environmental Quality Act.

DISCUSSION: On January 27, 2025, the City Council initiated Local Coastal Program Amendment (LCPA) No. 25-001 and ZTA No. 25-001 to help facilitate the rebuild process, directed staff to bypass the Zoning Ordinance Revisions and Code Enforcement Subcommittee, and directed the Planning Commission to schedule a public hearing regarding the matter. The Council directed staff to bring back an item to facilitate the rebuilding efforts of projects that are proposed to rebuild within 10% of the previously existing structure. The Council also directed staff to pursue all options, including use of Governor’s Orders, during this process—and also to seek relief for projects where the City Council Meeting
03-12-25
Item

1.A.
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Agenda Item # 1.A.
home could be rebuilt under an exemption or the Governor’s Orders, but accessory development such as driveways or onsite wastewater treatment systems (OWTS) would require a CDP.

On February 20, 2025, the Planning Commission reviewed staff’s original proposal and provided recommendations to the City Council. This agenda report outlines the Planning Commission’s and staff’s recommended amendments to help facilitate the rebuild process and provides further information on the City’s rebuild process and how it relates to federal and State laws. The recommendations also include requested edits from the California Coastal Commission (CCC) staff. CCC staff presented these requested changes so that they can recommend the City’s LCP amendment be approved with no changes, which will increase the speed in which the changes can be implemented. If the CCC makes changes to the LCPA, additional time will be required to bring the changes back to the City Council where the City Council would consider whether to accept the changes (in which case they become law), or decline to accept them and instead submit a new LCPA to the Coastal Commission for certification.

On March 4, 2025, the City Council held a public workshop which gave community members the opportunity to weigh-in on the proposed ordinances. The workshop was well received by the community and set a model for the how the City may want to conduct amendments in the future. After the workshop, the March 4 public hearing for the proposed ordinances was adjourned to March 5, 2025.

On March 5, 2025, the City Council heard the staff report, including the summary of the community goals that were reported at the March 4 public workshop. After opening and closing the public hearing, the Council reviewed the proposed ordinances and agreed on some additional changes. The City Council did not complete its review of the code amendments on March 5 and adjourned the meeting to March 6, 2025 to continue discussion.

On March 6, 2025, the City Council completed its review of the proposed amendments.

Staff presented the changes requested by the City Council for Ordinance No. 524 and Ordinance No. 524U. Urgency Ordinance No. 524U was adopted and Ordinance No. 524 was introduced on first reading with the changes presented by staff. On March 10, 2025, the second reading and adoption of Ordinance No. 524 will be continued to the March 12, 2025 Adjourned Regular meeting.

MMC Section 17.74.040 requires that a 21-day notice take place before the final adoption of the ordinance. Consistent with this requirement, staff published a Notice of Public 2

Agenda Item # 1.A.

Hearing on February 13, 2025. The purpose of this item before the Council is to satisfy the public hearing requirements contained in the MMC and to conduct the second reading of Ordinance No. 524.

After the public hearing is held on March 12, 2025, the City Council may adopt Ordinance No. 524. If additional changes are directed, the ordinance would need to be reintroduced on first reading and adoption would need to be rescheduled for a day at least six days after introduction.

GOVERNOR’S EXECUTIVE ORDERS
The Governor of California issued Executive Order N-4-25 on January 12, 2025, to help facilitate the rebuild process for properties damaged or destroyed in the recent fires in Los Angeles County including the Palisades Fire which has affected Malibu. As of the current date, the Order does not include people affected by the Franklin or Broad Fires. The Executive Order states that the California Environmental Quality Act (CEQA) and California Coastal Act were suspended to the extent that they would normally apply to any property that was damaged or destroyed. On February 13, 2025, The Governor issued Executive Order N-20-25 (Attachment 3) which replaced parts of the earlier order and provided broader suspensions of the coastal act and CEQA. Pursuant to the order, the following (among other aspects) are suspended from the Coastal Act and CEQA related to the rebuilding of structures damaged or destroyed in the Palisades Fire:
“a. Primary structures and facilities that are in substantially the same location as, and do not exceed 110% of the footprint and height of, the primary structures and facilities that existed immediately before this emergency. b. Accessory structures that do not exceed 110% of the footprint and height of the accessory structures that existed immediately before this emergency, and that are in substantially the same location relative to the primary structure as the accessory structures that existed immediately before the emergency. For properties subject to Coastal Commission Categorical Exclusion Order E-79-8, accessory structures covered by this subparagraph include accessory structures that are in substantially the same location relative to a primary residence as the accessory structures that existed immediately before the emergency, regardless of the size or location of the primary residence.
c. New accessory dwelling units on a residential property on which a primary residence was substantially damaged or destroyed as a result of this emergency, but only to the extent that such accessory dwelling units are built at least 10 feet from a canyon bluff or 25 feet from a coastal bluff.
d. Supportive infrastructure, including, but not limited to, foundation systems, utilities, and driveways, that is necessary to construct, install, or use the structures and facilities described in subparagraphs (a)­(c).”
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The Governor has also issued related orders further clarifying that the California Coastal Commission (CCC) shall work with local agencies to facilitate the rebuild process.

The Malibu LCP is the application of the California Coastal Act in Malibu and makes the City the issuer of Coastal Development Permits (CDP), except that the CCC retains appeal, and original jurisdiction over certain areas within the City, such as the coastline and waterways. City staff have had meetings with CCC staff, the Executive Director, and Commissioners including the Chair—all of whom visited the City and have directly seen the damage in the City. The CCC representatives expressed their desire to work together with the City on changes to the LCP, and agreed with City staff’s understanding of the reach of the Governor’s Executive Orders.

Malibu locals may be familiar with the current CDP exemptions that exist in the LCP’s Local Implementation Plan (LIP) today. Specifically, LIP Section 13.4.6, which exempts structures, other than a public works facility, destroyed by a natural disaster as long as it meets the following criteria:

1. It is for the same use as the destroyed structure;

2. It does not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent, and

3. It is sited in the same location on the affected property as the destroyed structure.

As used in this section, "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

The Executive Order differs from the current LCP regulations. Instead of the 10 percent increase being related to floor area, height, or bulk, the order specifies that the 10 percent increase is related to footprint and height. This directive gives more flexibility to the rebuild process for those impacted by the Palisades Fire in that as long as the development stays within the footprint of the previous structure by 110 percent, then CEQA or Coastal Act regulations are otherwise suspended for rebuild structures. However, structures may not encroach on a public access easement or public access deed restriction, excluding any such easements or deed restrictions on the seaward side of structures or facilities on the beach. Structures may not expand farther into a previously approved public view corridor, farther into an open space deed restriction, or farther seaward on the beach than the structure or facility that existed immediately before the emergency either.

Local agencies have sole authority to decide whether a project qualifies for the suspension and the decision by the City cannot be appealed to the CCC or any other State agency.

The order also provides that CDP entitlements that were set to expire within the disaster are extended for an additional three years without needing to apply for an extension. It 4

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also provides relief to some building and health and safety code standards. The full text of Executive Order N-20-25 can be found in Attachment 3.

As mentioned previously, as of the date of this report, the order did not include relief language for those affected by the Franklin and Broad Fires. The rebuild of those structures falls under existing LCP and MMC language. One of the goals of the proposed LCPA and ZTA before the Council is to provide the same type of relief provided by the Governor’s Executive Orders for those impacted by the Palisades Fire to those affected by the Franklin and Broad Fires, and to those affected by future natural disasters. Although we hope that residents will never have to use the relief provided by the code amendments, recent history has proven that the City will need to become more adaptable to future events. Making these changes will avoid the delay involved in getting new amendments certified in the future—allowing those impacted to immediately rebuild in accord with how those impacted by the Palisades Fire will be able to under the Governor’s Executive Orders.

The LCP and MMC amendments will also close gaps not covered by the Executive Orders.

As will be discussed in this report, even those affected by the Palisades Fire may need to rely on some of the proposed amendments during their rebuild process. Some examples include relief related to application processing, Federal Emergency Management Agency (FEMA) flood zone for properties along the coast, and relocation of some rebuild structures in geologic and coastal hazard areas.

CALIFORNIA COASTAL COMMISSION STAFF COMMENTS
The CCC staff have stated that if approved, the changes to the LCP will be recommended for approval to the California Coastal Commission with no proposed changes.

As mentioned previously, the Palisades Fire affected properties are generally not subject to the LCP due to the Governor’s Executive Orders, except for one scenario, relocation substantially outside the original location. The City Council determined that the FEMA issue regarding raised finished floor elevations were covered by the Governor’s Executive Orders.

LOCAL COASTAL PROGRAM AMENDMENT
The proposed amendments to the LCP are summarized below. The full text of the proposed amendments can be found in the attached Ordinance (Attachment 1).

LIP Chapter 2 – Definitions
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Agenda Item # 1.A.

LIP Section 2.1 is proposed to be amended to include a definition for “Primary Development Pad” as follows: “the main building pad, disturbed area, or development area which supported the primary building in which the principal use of the lot was situated or conducted, as distinguished from a secondary building pad or development area that is not attached to the main building pad or development area, for purposes of properties that were damaged or destroyed by a natural disaster. For beachfront lots, decks that were attached to the primary building shall be included in the primary development pad if replaced with another deck in the same.” This definition is proposed to be added to ensure clarity for the use of a new term describing areas within the “footprint”. This will help guide the rebuild process for new structures being constructed within the previously existing “footprint”. The primary development pad can include decks and graded areas and not limit development to the footprint of the primary building only. A definition was also included for “Secondary Development Pad” as follows “a building pad, disturbed area, or development area that is not connected to a primary development pad other than by a driveway or walkway.”
LIP Chapter 3 - Zoning Designations and Permitted Uses
LIP Section 3.6(M) related to temporary housing has been revised so that temporary housing structures shall not exceed 1,000 square feet. Amendments approved during the 2018 Woolsey Fire approved 1,200 square feet as the maximum based on the notion that 1,200 square feet would facilitate temporary homes to accommodate a typical double-wide trailer. Residents who invested in 1,200 square foot temporary housing structures wanted to make the temporary homes permanent at a later date. The City’s current ADU ordinance allows a maximum 1,000 square feet. LIP Section 3.6(M) has been revised consistent with 1,000 square feet in case residents desire to make their temporary housing structures permanent and still meet required ADU design standards.

LIP Chapter 13.4 – Exemptions from, and De Minimis Waivers of, Coastal Development Permit Requirements
LIP Section 13.4.6(A) has been revised to ensure that mechanized equipment or temporary shoring on the beach necessary to reconstruct is exempt from the requirement to obtain a CDP for beachfront properties so long as construction activities do not enter the intertidal zone or extend beyond the original footprint. LIP Section 13.4.6(B)(3) has been revised to include the word “substantially” to ensure greater flexibility than the current language which states that the replacement structure must be replaced in the exact same location. This change is consistent with the Governor’s Executive Order.

The OWTS replacement exemption, 13.4.6(B), has been revised to remove the capacity limits and instead provide that a replacement OWTS is exempt so long as it is within the damaged or destroyed primary development pad. Beachfront properties shall place the OWTS in the most landward feasible location, shall not impact public accessways or view 6

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corridors, and may not extend seaward of the previously existing primary development pad.

LIP Section 13.4.6(C) was removed per the CCC staff recommendation and added to the DMW category.

LIP Section 13.4.11 (General Requirements for De Minimis Waiver) has been revised to facilitate rebuilds on the beach and in geological hazard areas. LIP Section 13.4.11(A)(1) now includes OWTS outside of the primary development pad that were damaged or destroyed by the natural disaster by more than 10 percent. This will ensure that OWTS improvements not meeting the CDP exemption can qualify for a waiver from the requirement to obtain a CDP and thus would not be appealable to the CCC.

LIP Section 13.4.11(A)(2) which allows minor improvements to driveways and access roads needed for fire department access has been revised to make accessory structures, such as retaining walls, eligible for a De Minimis Waiver (DMW). It also includes cuts into slopes steeper than 3:1 (but not to exceed 1:1 slopes and steeper) in the DMW category.

This will ensure that if the road or driveway cut applied for is necessary for fire department requirements, discretionary requests and CDPs will not be required. Many projects in the 2018 Woolsey Fire could not take full advantage of this waiver if their retaining walls included cuts into steep slopes. New seawalls necessary to ensure coastal resource protection was removed per the CCC staff request. New seawalls on the beach are considered new development and not exempt from the Coastal Act. Instead, replacement seawalls beyond 10 percent in height have been included as a DMW option.

Height increases beyond 10 percent necessary to accommodate FEMA flood zone finished floor elevations, and replacement structures that were damaged or destroyed by a natural disaster and that are not sited in the same general location on the affected property as the destroyed structure have also been added as DMW options to facilitate the rebuild process and avoid lengthy CDP and appeal processes. People affected by the recent fires may need these added waivers to rebuild their structures and this serves to close a potential gap in the Executive Orders.

The findings for a DMW listed in LIP Section 13.4.11(B) have been revised to ensure that these new structures will still meet the necessary LCP requirements related to protections of coastal resources and policies. They will ensure that structures necessary for the rebuild are sited in the most landward feasible locations. The added findings also ensure that relocation of rebuild structures can only be utilized if the Planning Director can deem the relocation substantially superior for safety or coastal resource impacts. The DMW waiver expiration has been expanded to include all structures allowed by a DMW instead of just driveway and OWTS improvements.
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ZONING TEXT AMENDMENT
MMC Title 17 - Zoning
MMC Section 17.02.060 has been revised to include the definition for primary development pad, matching the LIP definition listed above. The term will be used in the MMC in a similar fashion to the LIP.

MMC Section 17.40.040(A)(18) has been revised to match the LIP section allowing a 1,000 square foot temporary housing structure. As mentioned previously, this will ensure the owner has the ability to convert their temporary structure to an ADU at a later date.

The fine for violating the temporary housing laws has been revised to $1,000 instead of $100 to address issues that have developed after the Woolsey Fire where property owners were violating the temporary housing provisions and renting temporary structures out to individuals who had not lived on the property previously.

Additional language was also added to ensure that temporary housing structures will only be occupied by the property owner, tenant living on the property at the date of the natural disaster, or their families. The temporary housing structure shall not be rented out in any capacity other than to the original tenant or owner as of the date of the natural disaster.

The new language will ensure that the temporary housing provisions will only benefit those displaced by the disaster, and not those seeking to take advantage of a rental situation. If a new property owner purchases the property, they will not be able to rent out the temporary structures to people other than those who were living on the property at the time of the disaster.

Lastly, regarding temporary homes, additional standards have been inserted due to geologic hazard concerns. Homeowners may wish to place temporary homes in geologic hazard areas which have no foundations and thus may be subject to safety issues.

Requirements have been added that a limited geotechnical report be submitted by an applicant for review by the City’s Building Official to assess safety concerns. For proposed temporary homes not on wheels or readily moveable trailers, requirements for foundations as noted in Chapter 16, 18 and Appendix G – Flood proof Construction of the current California Building Code and a building permit will be required from the City. The Planning Commission also added that temporary housing on wheels needs to be fastened to the ground.

MMC Section 17.44.090 regarding the recently adopted ADU ordinance was revised to allow a 1,000 square foot ADU regardless of bedroom count. This will make it easier for residents to select an ADU that meets their desires while limiting the size to that of what was approved by Council in 2024. This will also make finding and applying for a temporary home easier, if the homeowner wishes to make it a permanent ADU in the future.

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MMC Section 17.45.150 related to Primary View Determinations (PVD) in disaster areas has been amended to set the start date as the date of the disaster, rather than February 1, 2019, which was the date the Woolsey Fire protections went into place. This revised language disallows PVDs in disaster areas for recent and future natural disasters for four years for replacement structures and 10 years for replacement landscaping from the date of the disaster.

MMC Section 17.53.090(C) related to landscaping and fire protection requirements has been revised to include additional restrictions on the types of plants and their proximity to structures. The proposed draft has been reviewed by LACFD officials. Ficus species has been added as disallowed within 50 feet of a structure as recommended by the Planning Commission. No vegetation will be allowed between zero and five feet of a structure, consistent with the Los Angeles County Fire Department fuel modification zone 0 requirements. New eucalyptus trees are now prohibited. Tree canopies must maintain a five-foot separation from a structure laterally and 10 feet above the roof. Only well-irrigated plants and trees will be allowed between five and 30 feet. Irrigation will be required for all plants between five and 100 feet (zones A and B), except in geologic hazard areas where a review will be conducted to ensure that is the safest approach and to prevent overwatering landslide areas. Lastly, non-continuous mulch areas must be separated with non-flammable materials such as gravel, rocks, decomposed granite, or stone. These recommended amendments were proposed by the City Biologist and amended by the LACFD and Malibu staff.

MMC Section 17.60.020 was revised to allow nonconforming structures that were destroyed by a natural disaster to rebuild with an additional 10% (the same as was allowed for Woolsey Fire damaged structures) using a Planning Verification (PV) instead of an Administrative Plan Review (APR). The 110 percent PV process was only granted to those impacted by the 2018 Woolsey Fire, and not to others impacted by natural disaster. The current language requires that those who take advantage of the 110 percent be subject to an APR which requires a Notice of Decision and additional review materials that can slow down the process. The PV process will be more efficient and save the property owners time and money while they rebuild. Subsection (1) was removed per the Planning Commission’s recommendation to eliminate a redundancy covered in MMC Section

17.60.080.

MMC Section 17.62.030 related to Administrative Plan Reviews (APR) has been revised to include language that makes the section inapplicable to new structures allowed under a “rebuild development permit” (RDP), a new entitlement that is proposed to be introduced (details below). MMC Section 17.62.040 related to Site Plan Reviews (SPR) has been revised to ensure property owners who relocate their homes due to a geologic or coastal hazard and have development greater than 18 feet in height, obtain an SPR. Shoreline 9

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protection devices are currently allowed with a SPR but language was added to ensure that the shoreline protection devices approved under a DMW or RDP do not need to obtain an SPR. Findings have also been added to ensure that the replacement structures needing an SPR will have to go through a more rigorous design review to ensure neighbors are protected from impacts by any of the allowances. The SPR process will give neighbors and those impacted by the new development the ability to appeal any decision made by the Planning Director on these applications to the Planning Commission and City Council.

Noticing requirements will ensure that property owners within 1,000 feet are notified of these changes and the ability to weigh in on the project. These applications seeking SPRs are still either exempt from the requirement to obtain a CDP, or they have obtained a DMW so there will be no appeal to the CCC.

Rebuild Development Permit
A new administrative permit is proposed to be added to help facilitate the rebuild process given the impact of the Executive Orders suspending the Coastal Act and the California Environmental Quality Act. Since Coastal Act provisions, including the City’s LCP, are suspended for many projects in the Palisades Fire affected area, the City needs a way to ensure new development within the 110 percent footprint meets required design standards. MMC Section 17.62.080 introduces the Rebuild Development Permit (RDP) which will allow new structures to be built within 110 percent of the primary development pad. The provisions apply to projects for which the Governor’s Executive Orders have suspended the Coastal Act. They include applications seeking mechanized equipment on the beach, OWTS replacement, new seawalls needed to protect OWTS, new structures needed to meet state and local law, and minor improvements to driveways including retaining walls developed on slopes steeper than 3:1 but not allowed on 1:1 slopes.

Typically, these types of development would be covered in a DMW application but since the Executive Order suspends the coastal act for structures damaged or destroyed in the Palisades Fire, this section will serve to capture necessary permitting and design requirements. In the future, should another disaster cause for the suspension of the Coastal Act, these laws will be in place to facilitate the rebuild.

Planning Rebuild Applications
People affected by the Palisades Fire will need to obtain a Planning Verification to rebuild their properties back to 110 percent. They may also need subsequent Rebuild Development Permits to allow new structures necessary to rebuild their previous structures. Property owners on the beach that need to increase their height by more than the allowed 10 percent to meet FEMA floodplain standards or property owners in geologic hazard areas that need to relocate substantially outside the original footprint may apply or a DMW to achieve the result since those types of development do not fit in the Executive Order or current CDP Exemption language.
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Agenda Item # 1.A.

People affected by the Franklin and Broad Fires will also need a Planning Verification to rebuild their properties back to 110 percent. They may also apply for applicable RDPs and DMWs needed to facilitate their rebuilds. The major difference for the Palisades Fire versus the Franklin and Broad Fires is that the Palisades Fire projects will not be subject to the Coastal Act in many cases and will only need PVs and RDPs. While projects related to the Franklin and Broad Fires will still be subject to the Coastal Act, with these amendments (if certified) they will obtain similar relief and be able to process many more projects without the need for a full CDP.

ENVIRONMENTAL REVIEW: The Planning Director has analyzed the project proposal described herein. Pursuant to Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment, and thus does not apply to this application. This application is for an amendment to the LCP, which must be certified by the CCC before it takes effect. LIP Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent an inconsistency between the LCP and the City’s Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This corollary amendment is required by the adoption of the LCPA to avoid conflicts between the LCP and MMC and as it shall only be implemented if the LCPA is approved and is dependent upon, related to, and duplicative of, the exempt activity, it is subject to the same CEQA exemption.

In addition, CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Planning Director determined that there is no possibility the amendment will have a significant effect on the environment and accordingly, the exemption set forth in Section 15061(b)(3) applies. The amendments to the MMC that are not corollary to the LCP can be seen not to have a significant effect on the environment as they merely create permit and fine requirements and allow structures that existed previously to be rebuilt in the same location with substantially the same purpose and capacity as the structure that would be replaced, while also further protecting coastal resources and hazard protections.

SUMMARY: Staff recommends that the City Council adopt on second reading Ordinance No. 524 (Attachment 1) to amend the Malibu LCP and ZTA to amend Title 17 (Zoning) of the MMC to facilitate the rebuilding of structures damaged or destroyed by natural disasters, including but not limited to, the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire to provide relief for those affected and provide a recommendation to the City Council regarding the amendments.
11

Agenda Item # 1.A.

ATTACHMENTS:

1. Ordinance No. 524

2. Notice of Public Hearing

3. Executive Order N-20-25
12 ATTACHMENT 1
ORDINANCE NO. 524

AN ORDINANCE OF THE CITY OF MALIBU APPROVING LOCAL
COASTAL PROGRAM AMENDMENT 25-001, AN AMENDMENT TO THE
LOCAL COASTAL PROGRAM AND ZONING TEXT AMENDMENT NO. 25- 001, AN AMENDMENT TO TITLE 17 (ZONING) OF THE MALIBU

MUNICIPAL CODE UPDATING REGULATIONS TO FACILITATE THE

REBUILDING OF STRUCTURES DAMAGED OR DESTROYED BY
NATURAL DISASTERS, INCLUDING BUT NOT LIMITED TO, THE 2025 PALISADES FIRE, 2024 FRANKLIN FIRE, AND 2024 BROAD FIRE TO

PROVIDE RELIEF FOR THOSE AFFECTED, AND FINDING THE

AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Recitals.

A. On November 6, 2024, the Broad Fire began and destroyed structures on at least 4 properties in Malibu leaving residents with an urgent need to rebuild.

B. On December 9, 2024, the Franklin Fire destroyed structures on at least 38 properties in Malibu leaving residents with an urgent need to rebuild.

C. On January 7, 2025, the Palisades Fire destroyed structures on over 700 properties in Malibu leaving residents with an urgent need to rebuild. The Governor of California has declared the event a State of Emergency and the President of the United States has declared the event a Federal Emergency.

D. On January 27, 2025, the City Council adopted Resolution No. 25-06 to: 1) initiate a Local Coastal Program (LCP) amendment and zoning text amendment to consider changes to the Malibu LCP and Title 17 (Zoning) of the Malibu Municipal Code (MMC) to facilitate the rebuilding of structures damaged or destroyed by the 2025 Palisades Fire, 2024 Franklin Fire, and 2024 Broad Fire and provide relief for those affected by the fires; 2) Bypass the Zoning Ordinance Revisions and Code Enforcement Subcommittee and directed the Planning Commission to schedule a public hearing regarding the same.

E. On January 30, 2025, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

F. On February 6, 2025, a Notice of Planning Commission Public Hearing was republished in a newspaper of general circulation within the City of Malibu as a courtesy.

G. On February 13, 2025, Governor Newsom issued Executive Order N-20-25, which suspended requirements of the California Environmental Quality Act and California Coastal Act for Palisades Fire rebuilds and related issues.
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H. On February 13, 2025, a Notice of Availability of Local Coastal Program Amendment (LCPA) Documents and a Notice of City Council Public Hearings for both the March 4, 2025 and March 10, 2025 meetings were published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

I. On February 20, 2025, the Planning Commission held a duly noticed public hearing on the proposed rebuild amendments on LCPA 25-001 and ZTA No.25-001, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record.

J.On March 4, 2025, the City Council held a meeting which included a public workshop on the proposed rebuild amendments LCPA 25-001 and ZTA No. 25-001, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The City Council completed the public workshop and adjourned the public hearing to March 5, 2025.

K. On March 5, 2025, the City Council held a duly noticed public hearing on the proposed rebuild amendments LCPA 25-001 and ZTA No. 25-001, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The meeting was adjourned to March 6, 2025.

L. On March 6, 2025, the City Council continued the public hearing on the proposed rebuild amendments LCPA 25-001 and ZTA No. 25-001, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The City Council approved on first reading Ordinance No. 524, approving LCPA 25-001 and ZTA No. 25-001 as recommended by staff with the additional changes presented at the March 6, 2025 meeting. The City Council adopted Urgency Ordinance No. 524U for the Malibu Municipal Code amendments to go into effect immediately.

M. On March 10, 2025, the City Council continued the public hearing for the second reading to March 12, 2025.

N. On March 12, 2025, the City Council held a duly noticed public hearing on the proposed rebuild amendments LCPA 25-001 and ZTA No. 25-001, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information in the record. The City Council approved on second reading Ordinance No. 524, approving LCPA 25-001 and ZTA No. 25-001.

SECTION 2. Environmental Review.

Pursuant to Public Resources Code Section 21080.9, California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment. This application is for an amendment to the LCP, which must be certified by the California Coastal Commission (CCC) before it takes effect. LCP Local Implementation Plan (LIP) Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent 14 Ordinance No. 524

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inconsistency between the LCP and the City’s Zoning Ordinance, if the LCPA is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of the exempt activity, they are subject to the same CEQA exemption.

Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Planning Commission determined that there is no possibility the amendment will have a significant effect on the environment and accordingly, the exemption set forth in Section 15061(b)(3) applies. The amendments to the MMC that are not corollary to the LCP can be seen not to have a significant effect on the environment as they merely create permit and fine requirements and allow structures that existed previously to be rebuilt in the same location with substantially the same purpose and capacity as the structure that would be replaced, while also further protecting coastal resources and hazard protections.

SECTION 3. Local Coastal Program Findings.

Based on evidence contained within the record, including the agenda reports for and the hearings on February 20 and March 4, 2025, the City Council hereby finds that the proposed amendment meets the requirements of, and is in conformance with, the policies and requirements of Chapter 3 of the California Coastal Act.

A. The amendments to the LCP meet the requirements of, and are in conformance with the goals, objectives and purposes of the LCP. Updated development standards specific to rebuild projects that were destroyed in natural disaster and relief for those affected, ensure that development standards are in place to facilitate people getting their properties back to where they were before the natural disaster while also incorporating measures that will further enhance and protect coastal resources. Development standards were carefully crafted to meet the goals of the of the LCP.

B. As a part of the LIP, the updated development standards specific to rebuild projects that were destroyed in natural disaster and providing relief for those affected ensure that future development projects and land uses within specific zoning districts conform to applicable LCP policies, goals, and provisions, while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities. Incorporating specific requirements for rebuild structures to avoid coastal accessways, be sited the most landward feasible and the installation of structures that will protect the coastal resources from contamination greater than current.

SECTION 4. Zoning Text Amendment Findings.

Pursuant to Malibu Municipal Code Section 17.74.040, the City Council hereby makes the following findings:
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A. The subject zoning text amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources.

B. The City Council held a public hearing, reviewed the subject zoning text amendment application for compliance with the City of Malibu General Plan, Malibu Municipal Code and the Malibu Local Coastal Program, and finds that the zoning text amendment is consistent and recommends approval.

SECTION 5. Local Coastal Program Amendment No. 25-001, Amendments to the Local Implementation Plan (LIP).

The City Council hereby amends the LIP as follows:

A. Amend Section 2.1 related to LIP definitions to include the following:

SECONDARY DEVELOPMENT PAD - a building pad, disturbed area, or development area that is not connected to a primary development pad other than by a driveway or walkway.

PRIMARY DEVELOPMENT PAD - the main building pad or development area which supported the primary building in which the principal use of the lot was situated or conducted, as distinguished from a secondary building pad or development area that is not attached to the main building pad or development area, for purposes of properties that were damaged or destroyed by a natural disaster. For beachfront lots, decks that were attached to the primary building shall be included in the primary development pad if replaced with another deck in the same footprint.

B. Amend Section 3.6(M)(1) related to residential development standards for temporary homes, to read as follows:

1. No more than two temporary housing structures which together total no more than one thousand (1,000) square feet shall be permitted.

C. Amend LIP Section 13.4.6(A) and (B), and add Section 13.4.6(A)(4) related to coastal development permit exemptions, to read as follows:

A. The replacement of any structure, other than a public works facility, destroyed by a disaster provided that the replacement structure meets all the of the following criteria:

1. It is for the same use as the destroyed structure;

2. It does not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent, and
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3. It is sited in substantially the same location on the affected property as the destroyed structure.

As used in this section, "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

4. Mechanized equipment or temporary shoring on the beach necessary to construct the replacement structure is allowed under this exemption for beachfront properties only if there are no feasible alternatives and construction activities do not enter the intertidal zone or extend beyond the previously existing primary development pad and appropriate Best Management Practices are used.

B. An onsite wastewater treatment system (OWTS) that was damaged or destroyed by a natural disaster may be replaced and improved provided that the replacement OWTS is located within the existing primary development pad and is the minimum standard size necessary to meet the building code for the existing or replacement structure it serves. If the new OWTS exceeds the minimum standard size or is located outside the primary development pad, then a De Minimis Waiver or OWTS Coastal Development Permit shall be required as applicable by Sections 13.4.11 and 13.29 respectively. For OWTS replacements on or adjacent to a sandy beach or coastal bluff, the OWTS shall be sited in the most landward location feasible and may not extend further seaward than the existing and/or previously existing seawall, whichever is more landward.

D. Amend LIP Section 13.4.11(A) and (A)(1) and (2), and add subsections (3), (4), (5), and (6); Amend 13.4.11(B)(1),(2), (3), and (5); Amend 13.4.11(C)(2) and(3); and amend 13.4.11(D), related to general requirements for de minimis waiver, to read as follows:

13.4.11 General Requirements for De Minimis Waiver
A. General Requirements for De Minimis Waiver.

The requirement for a coastal development permit may be waived through a De Minimis Coastal Development Permit Waiver issued by the planning director for the items listed below where the improvements are not otherwise exempt pursuant to Section 13.4, provided all the requirements of subsections B and C are met. The planning director's decision on whether to issue a de minimis waiver is not locally appealable; however if the development is within the appealable jurisdiction of the California Coastal Commission, the decision of the planning director is appealable to the Coastal Commission as described below in subsection (C).

1. Improvements to an onsite wastewater treatment system (OWTS) serving a structure that replaces one that was damaged or destroyed as a result of a natural disaster, where the improvements involve installing a new system or upgrading an 17 Ordinance No. 524

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existing system to an advanced system on the same lot and does not meet the exemption criteria of Section 13.4.6(B).

2. Minor improvements to existing driveways or access roads that are required by the fire department after a natural disaster, such as minor changes to the width or grade of driveways or access roads. This includes accessory structures, such as retaining walls, necessary to accommodate the driveway or access road improvement, including new cuts on slopes steeper than 3:1 but less than 1:1, subject to geotechnical feasibility review. Retaining walls shall not exceed six (6) feet in height. New retaining walls that replace an existing wall being removed as a result of the driveway widening are allowed to be replaced to the same height of previous wall and may increase in height by a maximum of three (3) additional feet but shall not have a total height in excess of nine (9) feet. Access improvements that do not meet the findings for a waiver may be processed as an administrative coastal development permit (ACDP) under Section 13.13.1(A) or as a regular coastal development permit.

3. Replacement seawalls that exceed ten (10) percent in height. The replacement seawall shall be sited in the same footprint as the previous seawall and shall not expand further seaward nor shall it extend further into an existing public access easement, deed restriction or view corridor.

4. Increases in the previous finished floor elevation for structures that replace one that was damaged or destroyed as result of a natural disaster, where the previous finished floor elevation must be raised to a higher elevation to meet Federal Emergency Management Agency (FEMA) flood zone requirements as determined by the City’s floodplain administrator. Such increase shall not exceed the increase in elevation to the finished floor required to meet the minimum FEMA flood zone requirements. The height of the structure from the finished floor to the roof may remain the same as existed for the prior structure even if the prior structure was nonconforming in height. No additional height shall be allowed for the replacement structure if it has a nonconforming height. A conforming structure shall not be granted an additional height increase if it creates a nonconforming height.

5. Replacement structures that would otherwise be exempt from the requirement to obtain a coastal development permit pursuant to Section 13.4.6(A) but are proposed to be sited not in substantially the same location where the damaged or destroyed structure was located so long as the new location is substantially superior after considering the impact of the relocation on ESHA, visual resources, and safety; with safety being the primary consideration. This waiver may include retaining walls and grading necessary for the construction of the relocated structure, but cuts may not be made into slopes steeper than 1:1 and retaining walls shall not exceed six feet in height for any one wall, nor twelve (12) feet for any combination of walls (including required freeboard), and which shall be separated by at least three feet.

6. Water tanks and other water storage devices necessary to construct, install, or use a replacement structure that was damaged or destroyed by a natural disaster and as required or recommended by applicable federal, state and local laws and regulations. New shoreline protection devices are not included under this waiver. 18 Ordinance No. 524

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B. Findings for and Reporting of De Minimis Waivers.

All decisions on de minimis waivers shall be accompanied by written findings:

1. That the structures or improvements have no potential for adverse effects, either individually or cumulatively, on coastal resources or public access to the shoreline or along the coast.

2. That the structures or improvements are consistent with the certified Malibu Local Coastal Program, including the resource protection policies, as applicable.

3. If an OWTS is to be relocated on the lot, that the director, in consultation with the environmental health administrator, has determined the relocation is necessary to better protect coastal resources and if on a beachfront lot, is no further seaward than the existing OWTS or no further seaward than the previously existing seawall, whichever is further landward.

4. If driveway/road improvements are proposed, that: (a) they are in the same general alignment as the existing road; (b) they are not located in environmentally sensitive habitat area (ESHA); (c) they do not remove or encroach within the protected zone of native trees; and (d) they do not adversely impact visual resources.

5. For relocation pursuant to Section 13.4.11(A)(5), that the new location is substantially superior after considering the impact of the relocation on ESHA, visual resources, and primarily safety.

C. Reporting De Minimis Waiver.

1. At the time the application is submitted for filing, the applicant must post, at a conspicuous place as close to the site as possible that is easily accessible by the public and approved by the city, notice, on a form approved by the city, that an application for a de minimis waiver has been submitted to the city. Such notice shall contain a general description of the nature of the proposed development.

2. The planning director shall issue a notice of determination on the application which shall be reported to the planning commission. The notice of determination shall be provided to all known interested parties, including the executive director of the coastal commission, at least ten (10) days prior to the waiver determination being reported to the planning commission. For development within the appealable jurisdiction of the California Commission, the planning director’s decision may be appealed by an aggrieved person directly to the California Coastal Commission within ten (10) working days of issuance of the notice of determination only if the development is one of the four types of development listed in the definition of Appealable Coastal Development Permit.

3. If, after consideration of the waiver and any public objections to it, the planning commission requests that the waiver not be effective, then the applicant shall be advised that a Coastal development permit is required for the structures or improvements. Otherwise, the waiver is effective immediately after the planning commission meeting where the matter is heard.
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D. Waiver Expiration.

A de minimis waiver shall expire and be of no further force and effect if the authorized structures or improvements are not commenced pursuant to a valid grading and/or building permit, as applicable, within five years of the effective date of the waiver. If expired, a coastal development permit or another waiver shall be required.

SECTION 6. Zoning Text Amendment No. 25-001, Amendments to the Malibu Municipal Code (MMC).

The City Council hereby amends Title 17 - Zoning in the MMC as follows:

A. Amend Section 17.02.060 related to definitions to include the following:
“Secondary development pad” means a building pad, disturbed area, or development area that is not connected to a primary development pad other than by a driveway or walkway. "Primary development pad" means the main building pad or development area which supported the primary building in which the principal use of the lot was situated or conducted, as distinguished from a secondary building pad or development area that is not attached to the main building pad or development area, for purposes of properties that were damaged or destroyed by a natural disaster. For beachfront lots, decks that were attached to the primary building shall be included in the primary development pad if replaced with another deck in the same footprint.

B. Amend Section 17.40.040(A)(18)(a) and (g) and add subsections (i), (j), and (k) to read as follows:

18. Temporary Housing. Temporary housing structures as used herein means mobilehomes, trailers, recreational vehicles or other structures which are selfcontained units which include sanitary facilities, and facilities for normal daily routines including cooking and sleeping. Temporary housing structures do not include any structure placed upon a permanent foundation, nor do they include tents, yurts, or similar fabric or textile installations. Temporary housing structures used as a residence during reconstruction or in anticipation of reconstruction of a residence destroyed due to natural disaster shall be permitted with a temporary housing permit approved by the Planning Director and shall comply with the following conditions:
a. No more than two temporary housing structures which together total no more than 1,000 square feet shall be permitted.
g. Upon expiration of the temporary housing permit, the property owner shall obtain verification from the city that all temporary housing structures have been removed 20 Ordinance No. 524

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from the property. Failure to obtain this verification shall result in a fine of $1,000 per day until the verification is obtained.
i. The temporary housing structures shall be occupied only by the property owner(s) or tenant(s) living on the property at the date of the natural disaster, or their families.

Should this requirement be violated, the temporary housing structures must be immediately removed, the property will no longer be eligible to place temporary housing on the property for a period of 5 years, and the owner shall be subject to a fine of $1,000 per day. Liens may also be imposed on the property by the City as a means of compliance.
j. The siting of temporary housing shall be supported by a limited geotechnical report prepared by appropriately licensed professionals which evaluates the location of the proposed temporary housing with respect to geologic and flood hazards that the specific location(s) may be exposed to during the proposed four-year use of the location. Specifically, the threat of post-fire debris flows and floods as described by the United States Geological Survey and identified by the Watershed Emergency Response Team Assessments. A finding is required that the specific location of the temporary housing is safe for its intended use for the duration of use. The report must be submitted to the City for review and accepted by the Building Official. k. If the temporary housing is supported on anything other than wheels or a trailer which can be readily moved (i.e. a manufactured home), it shall comply with requirements for foundations as noted in Chapter 16, 18 and Appendix G – Flood proof Construction of the current California Building Code and requires a building permit from the City. Temporary housing supported on wheels shall be fastened to the ground.

C. Amend Section 17.44.090(A)(1), to read as follows:

1. The maximum square footage of an ADU shall be 1,000 square feet. The maximum square footage shall include interior and exterior walls, finished and unfinished basements, mezzanines, storage space, and any space with a height clearance (floor to ceiling height dimension) above six feet. The area of a garage (400 square feet maximum) provided as part of accessory dwelling unit and exterior decks or overhangs that are attached to the structure shall not be included in the 1,000 square foot limit.

D. Amend Section 17.45.150(B), to read as follows:

B. Prohibition. All properties within a disaster area are temporarily prohibited from obtaining a new or updated primary view determination unless: (1) the request was submitted prior to the date the natural disaster began as declared or proclaimed by the City, State or Federal government, or as determined by the Planning Director if no declaration or proclamation has been made; or (2) the primary view determination would not impose any limitation on replacement landscaping or replacement structures.
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E. Amend Section 17.53.090(C)(1)(a),(b), (c), (e), and (f) and add subsections (h), (i), and (j); and amend Section 17.53.090(C)(2), to read as follows:
a. Palm trees and eucalyptus trees are prohibited.
b. All vegetation is prohibited between zero and five feet from a structure. c. The following species are prohibited within 50 feet of structures: Pine (Pinus species), Cypress (Cupressus species), Cedar (Cedrus species), Ficus (Ficus species), and Tree of Heaven (Ailanthus altissima).
e. Existing eucalyptus trees are allowed between five feet and 50 feet of a structure if a qualified expert, as determined by the director, identifies the tree(s) as a monarch butterfly habitat.
f. The distances for trees and shrubs subject to (b) through (e) shall be measured from the dripline of the tree or shrub at its projected maturity to the outermost projection of the structure including eaves and overhangs. No tree canopy shall be within five feet of the outermost projection of the structure including eaves and overhangs at projected maturity. Smaller diameter tree branches less than two inches must be removed within five feet of the outermost projection of the structure including eaves and overhangs and within 10 feet above the roof.
h. Only efficiently-irrigated plants and trees as allowed by this chapter shall be allowed between five feet and 30 feet of a structure.
i. Irrigation shall be required and maintained on the site in all planting areas between five feet and 100 feet of a structure, except in geologic hazard areas in which irrigation may not be allowed. Any proposed irrigation shall be reviewed by the project geotechnical consultant and conform to existing surficial stability standards, not contribute to any geologic hazard, and not adversely affect offsite properties.

The consultant shall include a statement regarding the impact of the proposed irrigation system in the required Section 111 statement. The city shall review analyses and findings provided by the project geotechnical consultant and determine whether irrigation is allowed or required in geologic hazard areas. All vegetation within 100 feet of a structure shall maintain sufficient moisture content and be supported by appropriately designed irrigation.
j. Plants listed in the City of Malibu ‘Invasive Species List’ are prohibited.

2. Mulch material proposed between zero and five feet from a structure must consist of nonflammable materials, such as gravel and decomposed granite. Flammable mulch material, including shredded bark, pine needles, and artificial turf, are prohibited between zero and five feet of a structure. Use of wood chips and shredded rubber is prohibited anywhere on the site. Non-continuous use of flammable mulch (excluding wood chips and shredded rubber) is allowed between five feet and 30 feet from a structure. Non-continuous mulched areas shall be separated with non-flammable materials such as gravel, rocks, decomposed granite, or stone. The distance shall be measured from the outermost projection of the 22 Ordinance No. 524

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structure including eaves and overhangs. The maximum application area of mulch located between five feet and 30 feet from a structure is 20 feet by 20 feet with a five-foot separation between application areas. Any mulch materials (excluding wood chips and shredded rubber), are allowed 30 feet or more from a structure with no limitation on application area. Organic mulch shall be maintained with at least a 3 inch depth but must not exceed 6 inches in depth.

F. Amend Section 17.60.020(C) and add subsection (C)(1), to read as follows:

C. Any structure, including any structure that was damaged or destroyed by a natural disaster, described in subsection A of this section, may be remodeled, or may be reconstructed in the general location and to the same height as it existed prior to damage or destruction, subject to obtaining planning verification. Structures that were damaged or destroyed by a natural disaster may be permitted, at the discretion of the planning director through approval of a planning verification, to increase the square footage, height or bulk permitted by this title by 10 percent of the existing or previously existing square footage, height or bulk of the structure. Increased height or bulk on non-beachfront properties shall not exceed 18 feet, unless a site plan review is obtained, and increased square footage shall not exceed the limits of Section 17.40.040(A)(13). The application for the reconstruction must be initiated with the city within six years of the date of damage or destruction, and a building permit must be diligently pursued and obtained within eight years from the date of damage or destruction and not become expired. A request for an extension of time past the six-year or eight-year periods may be granted by the planning commission where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the six- or eight-year limit creates an undue hardship.

Extensions for applications may not total more than three years for a maximum total of nine years from the date of the disaster. Extensions for building permits may not total more than three years for a maximum total of eleven years from the date of the disaster. Any reconstruction shall extend the termination date described in Section 17.60.040 for the use operating within such a structure.

1. Replacement structures on beachfront lots are allowed to meet the minimum increases necessary to meet Federal Emergency Management Agency (FEMA) requirements but shall, to the maximum extent feasible, protect neighboring ocean views. Replacement structures shall seek increases in square footage laterally before they are allowed to increase vertically as viewed by neighboring properties.

The height of the structure from the finished floor to the roof may remain the same as existed for the prior structure even if the prior structure was nonconforming in height. No additional height shall be allowed for the replacement structure if it has a nonconforming height. A conforming structure shall not be granted an additional height increase if it creates a nonconforming height.

G. Delete Section 17.60.020(F).
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H. Amend Section 17.62.030(A), to read as follows:

A. An administrative plan review shall be required for the following development projects, unless they fall under the provisions for a rebuild development permit as provided in Section 17.62.080. If the project meets the requirements of this title and is consistent with Chapter 17.40, the planning manager/ director shall issue a development permit.

I. Amend Section 17.62.040(A) and (A)(10); and add subsection (A)(13) and (C)(1), to read as follows:

A. The planning manager/director may approve a site plan review after consultation with all appropriate city staff and specialists including the building official, city engineer, city biologist, city geologist, city archeologist and city coastal engineer; and where substantial evidence supports the findings set forth in subsection D of this section for new construction or reconstruction of structures authorizing the following:

10. Sea walls, bulkheads, or any other shoreline protective devices, except for those that meet the requirements for a De Minimis Waiver listed in LIP Section 13.4.11 or rebuild development permit listed in Section 17.62.080 as required;

13. Non-beachfront development over 18 feet in height on a replacement structure where the previously existing structure was damaged or destroyed by a natural disaster and the replacement structure is not sited substantially in the same location on the affected property as the damaged or destroyed structure, so long as the new location is substantially superior after considering the impact of the relocation on ESHA, visual resources, and safety; with safety being the primary consideration.

C. Notice of Application Filing. Within 10 calendar days from the receipt date of a complete application, the planning manager/director shall notify in writing of the filing of the application to property owners and residents of all property within a 500 foot radius of the proposed project, but in no event fewer than the owners and occupants of 10 developed properties. Notwithstanding the foregoing, for property in the RR-10 and RR-20 zones the notice radius shall be 1,000 feet. The purpose of the notice is to inform the surrounding property owners and residents of the filing of the application and provide an opportunity for comment on the application prior to the planning manager/director's decision. The notice shall describe the request, provide a map showing the specific location of the property, describe the review process and timeframes, and indicate how to contact the case planner assigned to the application.

1. For development over 18 feet in height where the replacement structure is not proposed to be sited in substantially the same location on the affected property as the damaged or destroyed structure, a notice of application shall be provided to all properties within a 1,000 foot radius of the development. 24 Ordinance No. 524

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J. Add Section 17.62.080. Rebuild development permit, to read as follows:
§ 17.62.080. Rebuild development permit.

A. A rebuild development permit shall be required for the following development projects related to structures being replaced after being damaged or destroyed in a natural disaster. It shall be issued by planning manager/director upon demonstrating by a preponderance of the evidence that all requirements of the municipal code are met, as applicable.

1. Mechanized equipment or temporary shoring on the beach necessary to construct beachfront properties so long as construction activities do not enter the intertidal zone and in no case shall extend beyond the previously existing primary development pad.

2. An onsite wastewater treatment system (OWTS) that replaces or improves an OWTS serving a structure that that was damaged or destroyed by a natural disaster. a. OWTS replacements on a sandy beach or coastal bluff shall be sited the most landward feasible as determined by appropriate city staff, shall not impact existing public accessways, and shall not extend seaward of the previously existing primary development pad.
b. OWTS replacements shall be located in the least environmentally impactful area.

3. New seawalls, as determined necessary by the planning director or building official to protect coastal resources, that protect an OWTS serving a structure that was damaged or destroyed by a natural disaster. New seawalls shall be sited only at the boundary of OWTS that it protects. New seawalls shall not extend into any existing public access easements or public access deed restrictions, excluding any such easements or deed restrictions on the seaward side of the OWTS it protects, and shall not expand further into previously approved public view corridors or further into open space deed restrictions.

4. Any new structure or improvement (including, but not limited to, foundation systems, utilities, driveways, water tanks, and other water storage devices) that is necessary or recommended to construct, install, or use the replacement structure described in subsection (A) in compliance with all applicable state and local laws and regulations.

5. Minor improvements to existing driveways or access roads that are required by the fire department after a natural disaster, such as minor changes to the width or grade of driveways or access roads. Accessory structures, such as retaining walls, necessary to accommodate the driveway or access road improvement shall also be allowed, including new cuts on slopes steeper than 3:1 but shall not exceed 1:1 or steeper. Retaining walls shall not exceed six feet in height for any one wall, nor twelve (12) feet for any combination of walls (including required freeboard), and which shall be separated by at least three feet. Improvements shall not extend into a public access easement or public access deed restriction and shall not expand further into a previously approved public view corridor (except for on-grade driveways), or further into open space deed restrictions. Access improvements that 25 Ordinance No. 524

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do not meet the requirements of this subsection may be processed as an administrative coastal development permit or as a regular coastal development permit as listed in the Malibu LIP.

B. Application Submittal. An application shall be filed with the planning division and may be part of the planning verification application for replacement structures that were damaged or destroyed by a natural disaster. Applications shall be complete only after all required information is submitted; review by all appropriate city staff and specialists including review by the building official, city engineer, city biologist, city geologist, city archeologist, city coastal engineer and city environmental health specialist, as deemed necessary, is complete; and the application fee determined by resolution of the city council is paid.

C. Action. The planning manager/director shall approve, deny, or approve with conditions a rebuild development permit within 15 calendar days from the date of a complete application. Complete application determinations shall be determined solely by the City. The City may include incomplete/or nonconforming plans as a basis for an incomplete application in addition to standard application requirements. No decision shall be subject to invalidation on the grounds that it is made after the deadline. The applicant shall be informed of the action by letter and/or approved plans. Action of the planning manager/director shall be final and not appealable.

D. Expiration. An approved rebuild development permit shall expire three years from the date of final approval, unless a time extension has been granted, or work has commenced and substantial progress made (as determined by the building official) and the work is continuing under a valid building permit. If no building permit is required, the rebuild development permit approval shall expire after three years from the date of final planning approval if construction is not completed. If a rebuild development permit is included within a planning verification application pursuant to Section 17.60.020(C), then the rebuild development permit shall expire when the planning verification expires.

E. Extension. The planning manager/director may grant up to four one-year extensions of the expiration of a rebuild development permit approval, if the planning manager/director finds, Based on substantial evidence, that due to unusual circumstances, strict compliance with the expiration date of the permit would create an undue hardship for the applicant.

SECTION 7. Effective Date.

The LCPA sections referenced in Section 5 of this Ordinance shall become effective upon certification by the California Coastal Commission. The ZTA sections referenced in Section 6 of this ordinance shall become effective 30 days following adoption by the City Council. 26 Ordinance No. 524

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SECTION 8. Severability.

Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality or the remaining portions of this Ordinance; it being hereby expressly declared and this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phases be declared invalid or unconstitutional.

SECTION 9. Certification.

The City Clerk shall certify to the passage and adoption of this Ordinance.

PASSED, APPROVED, and ADOPTED this _______ day of ___________ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
27 NOTICE OF PUBLIC HEARINGS

CITY OF MALIBU

CITY COUNCIL

NOTICE OF AVAILABILITY

OF LOCAL COASTAL PROGRAM

AMENDMENT MATERIALS
The Malibu City Council will hold public hearings on Tuesday, March 4, 2025, at 3:00 pm, and on Monday, March 10, 2025, at 5:30 pm on the project identified below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA and via teleconference.

To view and participate during the public hearings, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.

MALIBU REBUILDS CODE AMENDMENTS
Local Coastal Program Amendment No. 25-001 and Zoning Text Amendment No. 25-001 – An ordinance of the City of Malibu to amend the Malibu Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) to facilitate the rebuilding of structures damaged or destroyed by natural disasters, including but not limited to, the 2025 Palisades Fire, 2024 Franklin Fire and 2024 Broad Fire to provide relief for those affected
Applicant: City of Malibu
Location: Citywide
Case Planner: Tyler Eaton, Principal Planner
(310) 456-2489, extension 273
[email protected]
Environmental Review
In accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City as necessary for the preparation and adoption of a Local Coastal Program (LCP) amendment. This application is for an LCP amendment which must be certified by the California Coastal Commission before it takes effect. LCP Local Implementation Plan Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent an inconsistency between the LCP and the City’s Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCP amendment and because they are entirely dependent on, related to, and duplicative of, the exempt activity, they are subject to the same CEQA exemption. The proposed code amendments are not a project within the meaning of CEQA Guidelines Section 15378, because they have no potential to result in physical change to the environment, directly or indirectly. The amendments do not authorize any specific development or installation on any specific piece of property within the City’s boundaries.

ATTACHMENT 2
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In order to expedite these code amendments, this Notice of Public Hearings is being published in advance of the Planning Commission February 20, 2025 Special Meeting. A hearing before the City Council requires at least a 21-day public review period. As such, it is anticipated that the City Council will hold a public hearing and a first reading of the ordinance on March 4, followed by a second public hearing and second reading of the ordinance on March 10. By March 10, the City will have met the legal requirements for noticing. These dates are subject to change.

Upon publishing the February 20, 2025 Planning Commission Special Meeting agenda packet, approximately the week of February 10, copies of all documents relating to the proposed Local Coastal Program Amendment will be available for review at City Hall, Malibu Public Library, and the California Coastal Commission District office during regular business hours.

Following the City Council adoption of an ordinance, the LCP amendment will be submitted to the California Coastal Commission for its certification review process. The LCP amendment must be certified by the California Coastal Commission before it takes effect and the amendments to the Zoning Ordinance may be contingent upon this certification.

Oral and Written Comments
A written staff report will be available at or before the hearings for the project. All persons wishing to address the Council regarding these matters will be afforded an opportunity in accordance with the Council’s procedures.

Public comment can be submitted ahead of the public hearings to [email protected] for inclusion in the public record.

For More Information
To learn more about the City’s rebuild efforts and for resources available to those affected, visit MalibuRebuilds.org. To receive updates on rebuild efforts, sign up for notifications at MalibuCity.org/RebuildUpdates.

IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARINGS DESCRIBED IN THIS

NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARINGS.

Maureen Tamuri, Interim Planning Director
Publish Date: February 13, 2025
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